Judge OKs Diana Ross Breath Test Results

Results of breath tests taken from pop singer Diana Ross can be used as evidence in her case, a Tucson, Ariz., judge has ruled. Ross, 59, faces three drunken driving-related charges in Tucson City Cou

Results of breath tests taken from pop singer Diana Ross can be used as evidence in her case, a Tucson, Ariz., judge has ruled. Ross, 59, faces three drunken driving-related charges in Tucson City Court after being stopped by police on Dec. 30. She has pleaded innocent. The trial is scheduled to begin Sept. 9.

Her lawyer, Stephen Paul Barnard, said he'll appeal the decision. In June, Barnard sought to have the breath test results tossed out, arguing that police didn't have a search warrant and intimidated Ross. Ross testified that although she took a breath test, she was coerced and felt intimidated when an officer asked her to take more tests later.

In a ruling filed July 8, City Magistrate T. Jay Cranshaw denied the motion and cited a police videotape that shows that Ross doesn't appear to be scared. Cranshaw said police interaction with the singer, also caught on tape, wasn't threatening.

Police said Ross had a blood alcohol concentration of 0.20 percent. The legal limit in Arizona is 0.08 percent. According to the police report, officers at the scene wrote the singer was unable to walk a straight line and fell while trying to stand on one leg and count to 10.


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